Getting a loved one out if jail can be an unpleasant experience. After a person is arrested, they are taken to jail and booked and they will stay in jail while waiting for trial. The case will be reviewed by a judge and each defendant’s circumstances will be considered. If the judge feels the defendant will not appear in court to stand trial or poses a threat to society, bail can be denied.
Can Bail Be Denied Us?
1. Flight risk. The defendant’s history will be looked at to see if they have habit of missing court dates in the past. If the judge believes the current arrest will be no exception, then bail may be denied. The judge will also take note of the defendant’s attitude to determine bail. If they have a flippant attitude, the judge can decide if this will lead to missed court appearances and deny bail.
2. Being accused of a violent crime. The nature of the crime and number of counts will be looked at. Very high bail will be set for crimes like murder or espionage but most times it will denied completely because these crimes will usually have the death penalty. These defendants are more likely to flee if released to avoid this sentence.
3. Being out on probation or parole. Repeat offenders will not have much sympathy from the courts. Being released into society on probation or parole and committing another crime is disliked by the court, more so with defendant’s that were released to someone’s custody for supervision.
4. Not being a US citizen is a reason bail can be denied. When non-citizens have committed crimes their immigration status will be looked at. Regardless of the crime, these people are very likely to skip bail and return to their home country. An Immigration and Customs Enforcement hold may be placed on these individuals if they are in the country without the proper documentation.
5. Posing a threat to the public. The court will consider any threat to society if bail is granted and the defendant is released back into society. If the court feels that the public will in danger, then bail will be denied. Those accused of violent crimes are viewed by the court as more likely to harm the victim(s), any potential witnesses and members of the family or the public.
6. Statements made to arresting officers by the accused about skipping bail or not appearing in court may lead to denial of bail.
7. Mentally impaired defendants may be denied bail or may have to stay in a medical facility or jail if their mental state is unknown.
8. There are jurisdictions where bail is automatically denied due to local rules on some types of violations and on the past behavior of the accused. State laws typically go along with federal laws.
Bail Bond Services in Clovis, Reedley, Sanger, Selma, Atwater, Los Banos, Merced, Visalia, Porterville, Tulare, Hanford, Corcoran, Lemoore & Greater Fresno, CA
Usually the bail process will an easy one, but there are times when a defendant is denied bail and will not be allowed to be free until their trial date. If you’re in need of bail bond services, contact Ajua Bail Bonds today.
